Irish Land Commission. 25/09/1929:

LAND PURCHASE ACT - PROVISIONAL RULES

The Irish Land Commission in exercise of the power in that behalf conferred by Section 2 of the Rules Publication Act, 1893, hereby certifies that on account of urgency the Rules set forth in the Schedule hereto should come into immediate operation, and hereby orders that the said Rules shall come into operation forthwith as Provisional Rules and continue in force until Rules shall have been made in accordance with the provisions of the above-mentioned Act.

Dated this 25th day of September, 1929.

SCHEDULE.

IRISH LAND COMMISSION.

PROVISIONAL RULES UNDER THE LAND PURCHASE ACTS.

25th day of September, 1929.

It is this day ordered by the Irish Land Commission, in pursuance of the powers conferred by Sub-section 6 of Section 29 of the Purchase of Land (Ireland) Act, 1891, and Section 6 of the Land Act, 1929 , and of every other power the said Commission hereunto enabling, and after consultation with the President of the Incorporated Law Society of Ireland, that the following general Rules and Orders shall, from and after this date and until further order, take effect and be in force in relation to proceedings under and in pursuance of the Land Purchase Acts, as supplemental to the Provisional Rules dated respectively the 5th February, 1924, the 30th April, 1925, the 27th September, 1926, the 24th August, 1927, and the 25th June, 1929.

ORDER I.

APPOINTMENT OF LIMITED ADMINISTRATORS FOR THE PURPOSE OF EXCHANGE OR CONSOLIDATION.

1. Rules 1 and 2 of Order XXXVIII of the Provisional Rules under the Land Purchase Acts dated the 5th day of February, 1924, are hereby extended so as to include and provide for the appointment under Section 1 of the Land Act, 1929 , of Limited Administrators for the purposes of proceedings under the Land Purchase Acts for the exchange or consolidation of a holding or parcel of land for or with other land.

ORDER II.

STANDARD PURCHASE ANNUITIES IN THE CASE OF NON-JUDICIAL HOLDINGS.

Objection by Landlord or Tenant.

1. The landlord or the tenant of a holding to which Section 2 of the Land Act, 1929 , applies, may, except in the cases prescribed for in Rule 2 of this Order, within one month after the publication of the holding in a provisional list of lands which will, if not excluded in consequence of a valid objection, become vested in the Land Commission on the appointed day lodge an objection in the Purchase Branch of the Land Commission to the standard purchase annuity in respect of such holding being fixed in accordance with the said Section. The objection must be in writing and must be signed by the person objecting or by his agent or solicitor. Notice of the lodgment of an objection shall be served by the Land Commission personally or by registered post on the tenant, should the landlord be the applicant, or on the landlord should the tenant be the applicant, or on the agent or solicitor of such person.

Objection in the case of Subtenancies.

2. Where the Land Commission have decided, in the case of a holding wholly or partly sublet, pursuant to the provisions of Section 26 of the Land Act, 1923 , as amended by Section 16 of the Land Act, 1927 , to treat the sub-tenant as tenant of the holding, or of the portion of the holding, in his occupation, an objection to the Standard Purchase Annuity in respect of any such holding or sub-tenancy to which Section 2, Land Act, 1929 , applies, may be lodged in the manner prescribed in the foregoing rule within one month after the service of the Notice prescribed in Order XXXIX, Rule I, of the Land Commission Rules dated 30th April, 1925. Notice of the lodgment of an objection shall be served by the Land Commission personally or by registered post on the tenant and the sub-tenant should the landlord be the applicant, or on the landlord and the tenant or sub-tenant should the sub-tenant or tenant be the applicant or on the agent or solicitor of such person.

ORDER III.

FISHERIES AND FISHING RIGHTS.

Notice of Intention to determine a question or to make an order as to fisheries or fishing rights.

1. Before determining any question arising as to whether or not a fishery or fishing rights have vested in the Land Commission pursuant to Section 45 of the Land Act, 1923 , as amended by Section 3 of the Land Act, 1929 , or before making an order declaring that a fishery or fishing rights did or did not vest in the Land Commission pursuant to the provisions of Section 4 of the Land Act, 1929 , the Land Commission shall publish in the Iris Oifigiúil a notice of the intention to determine such question or to make such order unless cause to the contrary be shown within one month. Such notice shall set forth the proposed determination or order and shall be served by registered post on all persons appearing to the Land Commission to be interested in the question.

Application to the Land Commission by a person interested in fisheries or fishing rights.

2. Any person interested in and desiring to be heard before the Land Commission determine the question or make the order declaring whether or not a fishery or fishing rights have vested in the Land Commission pursuant to Section 45 of the Land Act, 1923 , as amended by Sections 3 and 4 of the Land Act, 1929 , may, within one month from the date of the notice of the intention of the Land Commission referred to in the foregoing rule, apply in writing to the Land Commission that the question may be determined or the order made in the manner set forth in the application.

If the Land Commission has not published such notice as is referred to in the foregoing rule, any person interested as aforesaid may apply at any time in writing to the Land Commission that the question may be determined or the order made in the manner set forth in the application.

Form of application to the Land Commission on question of the vesting of fisheries or fishing rights.

3. The application to the Land Commission under the foregoing rule shall be made in writing on Form 69, filed in the Purchase Branch, verified by the affidavit of the applicant, and accompanied by a portion of the ordnance survey map, showing the extent of the fishery or the area over which the fishing rights are claimed, coloured brown, and the external boundary of the lands to which it is claimed that such fishery or fishing rights are appurtenant.

Notice of filing of an application on a question as to the vesting of fisheries or fishing rights.

4. When the application has been filed the Land Commission shall notify the filing thereof to all persons appearing to them to be interested in the matter of the question or to their respective solicitors.

Notice of the hearing of an application.

5. Not less than ten days' notice of the hearing of the application shall be served by the Land Commission personally or by registered post on the applicant and the other persons appearing to be interested or their respective solicitors.

Appeal to the Judicial Commissioner.

6. Any person wishing to appeal to the Judicial Commissioner from an order of the Land Commission determining a question as to or making an order declaring whether a fishery or fishing rights did or did not vest in the Land Commission pursuant to Section 45 of the Land Act, 1923 , as amended by Sections 3 and 4 of the Land Act, 1929 , shall within fourteen days from the date of such order serve notice of appeal on the other interested parties, which notice may be in Form 70, and within ten days from the date of such service or of the last of such services, if more than one, lodge with the Registrar a copy of the notice of appeal endorsed with the time and mode of service on the interested parties. The service of this notice may be by registered post.

Fixing the price of fisheries and fishing rights.

7. When the Land Commissioners other than the Judicial Commissioner, or the Judicial Commissioner on appeal from them have determined or made an order declaring that a fishery or fishing rights did or did not vest in the Land Commission pursuant to Section 45 of the Land Act, 1923 , as amended by Sections 3 and 4 of the Land Act, 1929 , and the price thereof has not already been fixed or agreed upon, the Land Commission shall publish a notice of the price as fixed by them in the Iris Oifigiúil and shall send a copy of such notice by registered post to the owner of the lands to which the fisheries or fishing rights are appurtenant and to such other person as may appear to them to have been the owner of the fishery or fishing rights prior to the vesting of them in the Land Commission.

Appeal to the Judicial Commissioner.

8. A person wishing to appeal to the Judicial Commissioner from a decision of the Land Commissioners fixing the price of a fishery or fishing rights shall, within one month from the date of the publication of the notice of such decision, lodge a notice of appeal with the Registrar, which notice may be in Form 71.

Copy of order to be transmitted to the Registering Authority.

9. A copy of every declaration or order affecting the vesting of fisheries or of fishing rights, made, pursuant to the provisions of Sections 3 or 4 of the Land Act, 1929 , by the Land Commission, to which no appeal has been taken, or by the Judicial Commissioner on appeal shall be transmitted by the Land Commission to the Registering Authority.

ORDER IV.

ORDER FOR POSSESSION.

Order to put purchaser in possession.

1. Where a holding is sold by or at the suit of the Land Commission and there is no person in occupation of the holding or of any part of it other than the former owner or tenant, as the case may be, or persons claiming and admitted by the purchaser to be entitled not to be disturbed as tenants or sub-tenants thereof, the purchaser may at any time within one month after the execution of his conveyance or vesting order obtain by side-bar motion an order for the under-sheriff to put him in possession of such holding or any part thereof upon production to the Registrar of an affidavit in Form 41A. After the expiration of the said period a purchaser requiring an order for possession must apply to the Judicial Commissioner for such order. The order may be in Form 42. The Judicial Commissioner may, if he thinks fit, make an order for possession before the execution of the conveyance or vesting order to the purchaser, or notwithstanding that the purchaser shall not have made any demand of possession.

Order XXXVII., Rule 1 of the Rules of 5th February, 1924, rescinded.

2. Rule 1 of Order XXXVII. of the Provisional Rules under the Land Purchase Acts dated the 5th February, 1924, is hereby rescinded and the foregoing rule is substituted therefor.

Application for order to put a purchaser in possession when there are disputed tenancies or subtenancies.

3. In every case where there are persons in occupation of the holding or of any part of it other than the former owner or tenant thereof as the case may be, claiming to be a tenant or sub-tenant thereof, a purchaser, disputing the claim of such person or persons and requiring an order for possession, must apply to the Judicial Commissioner by motion on notice for such order, which may be in Form 42. The application shall be supported by an affidavit giving particulars of all persons in occupation of the holding and showing the nature and extent of the interest therein claimed by them, and stating whether or not such claims are disputed ; the affidavit may be in Form 41B.

Service of Notices.

4. The notice referred to in the foregoing rule shall be served upon every person appearing to be in the actual occupation of the holding or any part thereof not less than ten clear days before the day on which the motion is to be moved and upon such other persons as the Judicial Commissioner may direct, and the affidavit of service of such notice shall state that the deponent does not know of any person other than those who have been served who is in actual possession of the holding or any part thereof.

ORDER V.

TIME AND FORMS.

Power to enlarge or abridge time.

1. The Judicial Commissioner, or the Land Commission in cases not within the exclusive jurisdiction of the Judicial Commissioner, shall have power to enlarge or abridge the time appointed by these Rules and Orders for doing any act or taking any proceeding upon such terms, if any, as the justice of the case may require, and any such enlargement may be applied for and ordered after the expiration of the time appointed.

Variation of Forms.

2. The several Forms in the Appendix, may, when necessary, be adapted or varied to suit a particular case, and any of such Forms may be varied or cancelled and new Forms substituted by the Land Commission.

APPENDIX.

FORMS.

FORM 41A.

AFFIDAVIT TO GROUND APPLICATION FOR ORDER FOR POSSESSION.

COURT OF THE IRISH LAND COMMISSION.

LAND PURCHASE ACTS.

In the Matter of the holding of             in the lands of               barony                  county             sold by the Irish Land Commission.

I          of            make oath and say as follows :—

l. On the    day of    last, I purchased from the Irish Land Commission that part of the lands of            containing           , Statute Measure, or thereabouts, situate in the barony of          and county of

2. On the    day of      last, the Irish Land Commission executed a conveyance to me of the said lands (or by Order vested the said lands in me) and that such conveyance (or Vesting Order) was made subject to any tenancy legally affecting the lands.

3. On the    day of      last, I found A. B. in occupation of a part of the holding, containing           claiming to be tenant (or sub-tenant) thereof to L. M. at a rent of £     and I found (add the names of any further persons found in occupation and particulars of the parts of the holding occupied and the nature of their claims), and I further found L. M. in occupation of the residue of the said lands, and I found no persons other than the said (name all persons as above) in occupation of the said lands. I demanded possession of the residue of the said lands in the occupation of L. M., and he refused to give me such possession.

4. At the time of making demand I produced to the said L. M. certificate under the hand of the Solicitor to the Irish Land Commission of my purchase and my title to the possession of the said lands.

FORM 41B.

AFFIDAVIT TO GROUND APPLICATION FOR ORDER FOR POSSESSION.

COURT OF THE IRISH LAND COMMISSION.

LAND PURCHASE ACTS.

In the Matter of the holding of            , in the lands of       barony         , county             sold by the Irish Land Commission.

I             of              make oath and say as follows :—

1. On the   day of       last, I purchased from the Irish Land Commission that part of the lands of         containing      , Statute Measure, or thereabouts, situate in the barony of       and county of          .

2. On the    day of      last, the Irish Land Commission executed a conveyance to me of the said lands (or by Order vested the said lands in me) and that such conveyance (or Vesting Order) was made subject to any tenancy or sub-tenancy legally affecting the lands.

3. On the     day of       last, I found A. B. in occupation of a part of the holding containing       claiming to be tenant (or sub-tenant) thereof to L. M, at a rent of £  . I found C. D. in occupation of another part of the holding containing         claiming to be tenant, (or sub-tenant) to (name his alleged immediate landlord) at a rent of £    and I found (add the names of any further persons found in occupation and particulars of the parts of the holding occupied, and the nature of their claims), and I further found L. M. in occupation of the residue of the said lands, and I found no persons other than the said (name all persons as above) in occupation of the said lands. I demanded possession of the parts of the said lands in the occupation of      and of   whose claims to be tenants (or sub-tenants) to the said (name the alleged immediate landlord) I do not admit, and of the residue of the said lands in the occupation of L. M., and possession was refused me.

4. At the time of making such demand I produced to the said (name the persons whose claims are not admitted) and to the said L. M., a certificate under the hand of the Solicitor to the Irish Land Commission of my purchase and my title to the possession of the said lands.

FORM 69.

APPLICATION AS TO THE VESTING OF FISHERIES AND FISHING RIGHTS.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1929 , SECTIONS 3 AND 4.

The application of

of

Sheweth :—

That he is a person who is interested in the fishery (or in the fishing rights) in that part of the river     (or lake         ) shown on the map annexed hereto and thereon coloured brown.

That his interest arises from the fact that (state particulars, e.g., as Owner of adjacent lands).

That he claims that the said fishery or fishing rights should (or should not) vest in the Land Commission as appurtenant to the said lands of        for the following reasons (state reasons for substantiating this claim).

And the said          hereby applies to the Land Commission that he may be heard by them before they declare that the said fishery (or fishing rights) did (or did not) vest in the Land Commission.

AFFIDAVIT.

I the said             make oath and say as follows :—

I have read the foregoing application and endorsed my name and the letter         upon the map showing the fishery (or fishing rights) referred to in the application. The contents thereof are true and correct in every particular, to the best of my knowledge, information and belief.

FORM 70.

NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1929 , SECTIONS 3 AND 4.

is aggrieved by the Order of the Irish Land Commission dated the    day of       19 , determining (or declaring) that the fishery (or fishing rights) (describe them) have (not) vested in the Land Commission pursuant to Section 45 of the Land Act, 1923 , as amended by Sections 3 and 4 of the Land Act, 1929 , and requires the matter to be heard and determined by the Judicial Commissioner.

(Signature of appellant or his solicitor)

To A. B.   and C. D. and

The Registrar of the Irish Land Commission.

FORM 71.

NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER.

COURT OF THE IRISH LAND COMMISSION.

LAND ACTS, 1923 TO 1929.

is aggrieved by the decision of the Irish Land Commission published in the Iris Oifigiúil of the     day of        ,whereby the price of the fishery (or fishing rights) (describe them) on the above Estate was fixed at the sum of £     , and requires the price of such fishery (or fishing rights) to be fixed by the Judicial Commissioner.

(Signature of appellant or his solicitor).

To The Registrar of the Irish Land Commission.